9911796707
TMI Blog2024 (7) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... her s illness, could not prepare the appeal in time. It is submitted that the petitioner s advocate s father ultimately, succumbed to the illness and expired on 17th February, 2024. The aforesaid had occasioned the delay in preferring the appeal. Although, the petitioner had taken all steps to have the appeal filed within the time prescribed, unfortunately, by reasons of the circumstances which are beyond the control of the petitioner, the delay had occasioned. The appellate authority had glossed over the aforesaid explanation given by the petitioner and had purported to reject the appeal, inter alia, on the ground that the appellate authority is only competent to condone the delay provided the same is filed within the period of one month b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rounds for maintaining the appeal. 4. Simultaneously, with the filing of the appeal, the petitioner had also made pre-deposit as is required for maintaining the appeal under the provisions of the said Act. Unfortunately, the appellate authority by overlooking judgment delivered by the Hon ble Division Bench of this Court in the case of S. K. Chakaraborty Sons v. Union of India Ors, reported in 2023 SCC Online Cal 4759 had purported to reject the appeal, although, the petitioner in its application for condonation of delay had sufficiently explained the delay in preferring the appeal. 5. Mr. Siddiqui, learned advocate enters appearance on behalf of the State-respondents. 6. Heard the learned advocates appearing for the respective parties and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal, inter alia, on the ground that the appellate authority is only competent to condone the delay provided the same is filed within the period of one month beyond the time prescribed. 10. I find that the aforesaid observations made by the appellate authority are inconsistent with the judgment delivered by the Hon ble Division Bench of this Court in the case of S. K. Chakraborty Sons (supra), which recognises the right to condone the delay in filing the appeal in appropriate cases. 11. Having regard to the observations made in the said judgment and taking note of the explanation given by the petitioner, I am of the view, that the petitioner, having sufficiently explained the delay, the appellate authority ought to have appropriately c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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